Y v Australian Prudential Regulation Authority [2006] FCAFC 37

FEDERAL COURT OF AUSTRALIA

Y v Australian Prudential Regulation Authority [2006] FCAFC 37

STATUTORY INTERPRETATION – Insurance Act 1973 (Cth), s 25A – whether Australian Prudential Regulation Authority ('APRA') has the power to disqualify certain individuals after finding that they were not fit and proper persons to be or act as someone referred to in s 24(1) – whether 25A extends to a person who has at some time made a decision or exercised some influence and there is at least some risk they will do so in the future – s 25A is not dependent on criterion of factual connection between subject of the power and Australian insurance industry – STATUTORY INTERPRETATION – Royal Commissions Act 1902, s 6DD and 6M –whether the use by APRA or its officer of certain evidence at a Royal Commission contravenes s 6DD or 6M – whether officer of APRA contravened s 6M by giving a notice to show cause why individual should not be disqualified under s 25A of the Insurance Act 1973 (Cth), based on facts of which he testified before a Royal Commission – whether APRA would do so by proceeding to disqualify him on the basis of those facts.

Australian Prudential Regulation Authority Act 1998 (Cth) Excise Procedure Act 1907 (Cth), 7, 9, 10, 11 Insurance Act 1973 (Cth) ss2A, 3, 11, 12, 24, 25, 25A. Royal Commissions and Other Legislation Amendment Act 2001 (Cth) Royal Commissions Act 1902 (Cth) s2, 6A, 6DD, 6M, 6N Royal Commissions Act 1912 (Cth), Witness (Public Inquiries) Protection Act 1892 (UK) Attorney-General v Butterworth [1963] 1 QB 696 Kamha v Australian Prudential Regulation Authority [2005] FCAFC 248 Y & ANOR v AUSTRALIAN PRUDENTIAL REGULATION AUTHORITY & ANOR NSD1793 OF 2005 X & ANOR v AUSTRALIAN PRUDENTIAL REGULATION AUTHORITY & ANOR NSD1794 OF 2005 EMMETT, ALLSOP & GRAHAM JJ 22 MARCH 2006 SYDNEY